Strategic lawsuits against public participation: consultation

Ministerial Foreword

The Scottish Government is committed to ensuring that Scotland is a modern, inclusive nation which protects, respects and realises internationally recognised human rights. In Scotland the right to freedom of expression is protected from undue interference by a public authority through the Human Rights Act 1998 which incorporated the European Convention on Human Rights (ECHR) into UK domestic law.

The right is not absolute or unfettered. It is subject to some legal restrictions, for example, to ensure that national security, public order and the rights and reputation of others is properly protected.

Strategic lawsuits against public participation – commonly referred to as SLAPPs – have been widely recognised as a growing threat to freedom of expression and particularly, but not only, to civil society actors such as journalists, academics, environmental defenders, and authors..

I was very pleased to give evidence to the Citizen Participation and Public Petition Committee of the Scottish Parliament earlier this year^[1] when it was considering a petition^[2] which called for an urgent review of the law with a view to preventing the use of SLAPPs.

I said at that time that the petition raises important issues and that given recent developments in England and Wales and in Europe - outlined in the consultation paper below - it was important that we make some progress on considering the issue.

This consultation is the first step and will enable us to draw on experience and practice in other jurisdictions, including non-legislative solutions, so that we can form a view on the best way forward for Scotland. I am also inviting those who have been subject to SLAPPs or who have an interest to share their experiences and the impact on them.

The Scottish Government wants to ensure that our legal system cannot be abused to stifle legitimate expression.

Siobhian Brown

Minister for Victims and Community Safety